Disposition of Property in Safe-Deposit Vault or Held for Safekeeping

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
  6. Receivership Powers and Procedures Generally
  7. Disposition of Property in Safe-Deposit Vault or Held for Safekeeping

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  1. The department may, any time after taking possession of a financial institution as receiver, give written notice to anyone claiming or appearing on the books of such financial institution to be the owner or to be entitled to the possession of any personal property left with such financial institution as bailee for safekeeping or depository for hire and to anyone appearing on the books of the financial institution to be the lessee of any safe, vault, or safe-deposit box, notifying such bailor, depositor, or lessee, respectively, to remove all such personal property within the period fixed by the notice, provided that such period shall in no case be less than 60 days after the date of the notice.
  2. At the expiration of such period, if the lessee of a safe, vault, or safe-deposit box has not removed the contents thereof, the department may open such safe, vault, or safe-deposit box in the presence of a notary public not an officer or employee of the financial institution or of the department. The contents, if any, of such safe, vault, or safe-deposit box shall then be sealed and marked by such notary with the name and address of the lessee in whose name such safe, vault, or safe-deposit box appeared on the books of the financial institution and with a list and description of the property therein. The department shall hold such property until it is delivered to the owner or those claiming through him or is disposed of under Article 5 of Chapter 12 of Title 44 and, while holding such property may take such action as it deems appropriate to protect the interest of the owner therein, including reducing the property to cash.
  3. The department shall follow the same procedure and have the same powers with regard to the property left with the financial institution as bailee for safekeeping or depository for hire and not called for within the period specified by the notice.
  4. The contract of bailment, deposit, or lease, if any, shall be considered at an end upon the date designated by the commissioner for the removal of the property therein. The amount of unearned rent or charges, if any, paid by the bailor, depositor, or lessee, shall become a debt of the financial institution.

(Code 1933, § 41A-723, enacted by Ga. L. 1974, p. 705, § 1.)

Cross references.

- Disposition by banks and trust companies of adverse claims to deposits and property held in safe deposit, § 7-1-353.

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Banks and Financial Institutions, § 1013.

ALR.

- Levy upon or garnishment of contents of safe deposit box, 19 A.L.R. 863; 39 A.L.R. 1215.

Liability for loss of contents of safe-deposit box, 42 A.L.R. 1304; 133 A.L.R. 279.

Rights of owners of securities deposited in bank upon its insolvency, 84 A.L.R. 1534; 126 A.L.R. 625.

Presumption as to ownership of property in safe deposit box, 101 A.L.R. 832.

Presumption and burden of proof, in action or proceeding against bank or its liquidator, as to reasons or justification for failure to return subject of special deposit on demand, 119 A.L.R. 831.

Bank's or safe deposit company's liability for denying access to box, 4 A.L.R.3d 1462.


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